CHAPTER 1475. COUNTY BONDS AND WARRANTS FOR NAVIGATION PURPOSES
GOVERNMENT CODE
TITLE 9. PUBLIC SECURITIES
SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES
CHAPTER 1475. COUNTY BONDS AND WARRANTS FOR NAVIGATION PURPOSES
SUBCHAPTER A. RIGHT-OF-WAY FOR FEDERAL NAVIGATION PROJECTS
Sec. 1475.001. PURPOSE; LIBERAL CONSTRUCTION. (a) The only
purpose of this subchapter is to grant counties in this state the
authority to issue bonds or warrants or to otherwise lend their
credit for the acquisition and conveyance to the United States of
the necessary right-of-way for waterways or navigable canals:
(1) the construction of which is authorized by federal
legislation; and
(2) the cost of construction and maintenance of which is to be
paid by the United States.
(b) This subchapter shall be liberally construed to accomplish
that purpose.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.002. AUTHORITY TO ACQUIRE RIGHT-OF-WAY AND DUMPING
PRIVILEGES. (a) For the purpose of navigation or to aid in
navigation, a county may, in accordance with Section 1475.003,
acquire right-of-way and necessary dumping privileges for a canal
or waterway the construction of which is authorized by federal
legislation.
(b) The county may:
(1) acquire the right-of-way and necessary dumping privileges by
purchase, through donation, or by exercising the county's power
of eminent domain; and
(2) convey the right-of-way and dumping privileges to the United
States by a deed executed in the manner that other deeds by a
county must be executed.
(c) In lieu of exercising its power of eminent domain, the
county may:
(1) allow the United States to acquire the right-of-way and
necessary dumping privileges through the United States' power of
eminent domain; and
(2) lend the county's credit by guaranteeing the United States
that the county will pay the resulting judgment or assessment of
damages for the value of the condemned property.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.003. AUTHORITY TO ISSUE BONDS AND IMPOSE TAXES. To
pay for an action authorized by Section 1475.002, a county may,
on the approval of at least two-thirds of the qualified voters of
the county who vote on the measure:
(1) issue bonds or warrants or otherwise lend its credit in
addition to its other debt and in an amount not to exceed
one-fourth of the taxable value of the real property in the
county; and
(2) impose taxes to pay the interest on and to provide a sinking
fund for the redemption of the debt.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.004. ELECTION. (a) The commissioners court of a
county:
(1) may, on its own motion, order an election to determine
whether the county will issue bonds or warrants or otherwise lend
its credit to take an action under Section 1475.002; and
(2) shall order such an election if a petition signed by at
least 25 of the resident owners of taxable property in the county
that calls for the election is filed with the commissioners
court.
(b) The election order must include as close a description as
possible of:
(1) the proposed navigation purposes, aid to navigation, or
right-of-way and necessary dumping privileges to be acquired;
(2) the amount of the proposed bonds or warrants or the extent
of the credit proposed to be authorized for those purposes;
(3) if the commissioners court proposes to issue bonds or
warrants, the maturity dates and rate of interest of the bonds or
warrants; and
(4) if the commissioners court proposes to lend the credit of
the county, the manner in which the credit is to be used and the
terms of the credit to be authorized.
(c) Subject to Section 4.003(c), Election Code, the
commissioners court shall give 20 days notice of the election:
(1) by publication in a newspaper published at the county seat;
and
(2) by posting in three public places in the county, one of
which must be at the county seat.
(d) The ballot shall be printed to permit voting for or against
the proposition: "The issuance of bonds (or, if appropriate, 'the
issuance of warrants' or 'the lending of credit') and the
imposition of a tax in payment of the bonds (or, if appropriate,
'in payment of the warrants' or 'in payment of the lending of
credit')."
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.005. DUTIES OF COMMISSIONERS COURT AFTER VOTER
APPROVAL. If the voters approve the proposition, the
commissioners court shall enter in its minutes:
(1) the date of the election, the notice of the election, the
ballot proposition, and the result of the election; and
(2) an order that, as appropriate:
(A) provides for the issuance of the bonds or warrants and
states the amount, dates of maturity, and rate of interest of the
bonds or warrants; or
(B) authorizes the use of the county's credit, specifies the
extent to which the county will lend its credit, and specifies
the manner by and conditions under which the county will lend its
credit.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.006. INVESTMENT OF SINKING FUND. Money deposited to
the credit of the sinking fund of bonds or warrants issued under
this subchapter shall be invested as money deposited to the
credit of the sinking funds of other county bonds is invested.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.007. ISSUANCE OF BONDS AND WARRANTS; USE OF PROCEEDS.
(a) A bond or warrant issued under this subchapter shall be:
(1) issued in the name of the county;
(2) signed by the county judge; and
(3) attested by the county clerk under the seal of the
commissioners court.
(b) The commissioners court shall sell the bond or warrant on
the best terms possible.
(c) All money received from the sale of the bond or warrant
shall be paid to the county treasurer. The county treasurer
shall:
(1) deposit the money to the credit of the county's navigation
fund account; and
(2) pay out the money on warrants in the manner that other
county funds are disbursed.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
SUBCHAPTER B. PROPERTY FOR INTRACOASTAL CANAL PURPOSES
Sec. 1475.051. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county adjacent to the Gulf of Mexico.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.052. AUTHORITY TO ACQUIRE LAND AND CERTAIN INTERESTS
IN LAND FOR CANAL PURPOSES. (a) If the acquisition is necessary
for the construction of an intracoastal canal, a county may, by
purchase or by exercising the county's power of eminent domain,
acquire public or private land, a right-of-way, an easement, or
dumping ground privileges.
(b) The county must exercise the power of eminent domain in the
manner provided by Chapter 21, Property Code. A county may not
condemn land under Subsection (a) if the land is used for
cemetery purposes.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.053. AUTHORITY TO ISSUE TIME WARRANTS. The
commissioners court of a county may issue time warrants to pay
for an acquisition under Section 1475.052.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.054. APPLICABILITY OF OTHER LAWS TO CONDEMNATION
PROCEEDINGS. Sections 261.002 and 261.003, Local Government
Code, apply to a condemnation proceeding brought under this
subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.
Sec. 1475.055. EFFECT OF APPEAL. An appeal from a finding and
assessment of damages made as described by Chapter 21, Property
Code, does not suspend work by the United States that relates to
the property or property right sought to be acquired.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1999.